Paternity is legal fatherhood—and establishing it is one of the most important steps in the child support process. A man is generally presumed to be the father of children born to his wife during their marriage. The presumption of the husband’s paternity can be rebutted through court-ordered genetic testing. The circumstances under which paternity is presumed vary from state to state, and are usually included in a state’s statutes—often in the statutes grouped together and known as the family code.
In Oregon, paternity, or legal fatherhood, is crucial in the child support process. A man is presumed to be the father of a child if the child is born during his marriage to the mother. This presumption can be challenged and potentially overturned with the help of court-ordered genetic testing. Oregon law, specifically under the Oregon Revised Statutes (ORS), outlines the circumstances under which paternity is presumed. These include the child being born during the marriage, within 300 days after the marriage ends, or if the man has established a father-child relationship by residing with or supporting the child. If paternity is disputed, either party can file a petition to establish paternity in court. The court may then order genetic testing and, based on the results, legally establish paternity. This legal determination of paternity is essential for matters such as child support, custody, and inheritance rights.